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Ohio: GF suing BF for tattooing a turd and flies her back


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Tattoo artist, Ryan L. Fitzjerald was hit with a $100,000 lawsuit last week by his ex-girlfriend Rossie Brovent. She claims that her boyfriend was supposed to tattoo a scene from Narnia on her back but instead tattooed an image of a pile of excrement with flies buzzing around it.

Apparently Ryan found out that she had cheated with a long-time friend of his and this was his way of getting even. Originally Rossie tried to have Ryan charged with assault but it turns out this crafty tattoo artist got her to sign a consent form prior to the tattoo and it said that the design was ‘at the artists discretion’, she claims; “he tricked her by drinking a bottle of cheap wine with me and doing tequila shots before I signed it and got the tattoo”. “Actually I was passed out for most of the time, and woke up to this horrible image on my back.”

http://redalertlive.com/2011/11/26/smh-girlfriend-suing-boyfriend-for-tattooing-feces-with-flies-on-back/

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Idk, something seems fishy here. Unless that girl is only 4 feet tall it would have taken a decent artist like 12 hours to.cover that much realestate. I have a big tattoo that goes shoulder to shoulder and from my neck down to below mi shoulder blades and I'm not embarrassed to say it hurt like a motherfucker, I don't see how anyone, drunk or not, could sleep through that. I call shenannigans.

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She may not have deserved it' date=' but she definitely agreed to it. :dunno:[/quote']

Two problems I see are that:

1) She may be able to convince a judge/jury (or just the defendant's lawyer) that she was too drunk to sign a legally binding document and the tattoo artists knew, or should have known that. As a tattoo artists he has a higher duty of care (your buddies might not get in trouble for letting you drunkenly walk on a 5th-floor balcony like a tightrope, but a police officer would be in a heap of sh*t for allowing that same conduct)

2) She may be able to convince a judge/jury that no reasonable person would interpret "artist's discretion" as allowing a turd tattoo in place of a narnia tattoo. Therefore "Artist's Discretion" on the consent form should not protect him in a tort action.

It's not an assault becuase she consented to the touching. But it's an actionable tort. Much like if a doctor put you under to perform surgery on your foot and you wake up and it's been amputated. Not criminal, but definitely actionable dependingon the terms of the consent form. (Did the consent form state that amputation is a possible outcome?)

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Two problems I see are that:

1) She may be able to convince a judge/jury (or just the defendant's lawyer) that she was too drunk to sign a legally binding document and the tattoo artists knew, or should have known that. As a tattoo artists he has a higher duty of care (your buddies might not get in trouble for letting you drunkenly walk on a 5th-floor balcony like a tightrope, but a police officer would be in a heap of sh*t for allowing that same conduct)

2) She may be able to convince a judge/jury that no reasonable person would interpret "artist's discretion" as allowing a turd tattoo in place of a narnia tattoo. Therefore "Artist's Discretion" on the consent form should not protect him in a tort action.

You are very correct. Technically I do not think he would have had to get her drunk to do it. His mistake as stated above. I take from the story that he knew she was cheating but she did not know he found out.

She would have signed regardless and he could have done it at free will then.

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Two problems I see are that:

1) She may be able to convince a judge/jury (or just the defendant's lawyer) that she was too drunk to sign a legally binding document and the tattoo artists knew, or should have known that. As a tattoo artists he has a higher duty of care (your buddies might not get in trouble for letting you drunkenly walk on a 5th-floor balcony like a tightrope, but a police officer would be in a heap of sh*t for allowing that same conduct)

2) She may be able to convince a judge/jury that no reasonable person would interpret "artist's discretion" as allowing a turd tattoo in place of a narnia tattoo. Therefore "Artist's Discretion" on the consent form should not protect him in a tort action.

It's not an assault becuase she consented to the touching. But it's an actionable tort. Much like if a doctor put you under to perform surgery on your foot and you wake up and it's been amputated. Not criminal, but definitely actionable dependingon the terms of the consent form. (Did the consent form state that amputation is a possible outcome?)

How is she going to prove she wanted a Narnia tattoo? People get some weird tattoos. He could say that's what she wanted and changed her mind. Maybe she wanted a mouse turd but instead got an elephant turn. :dunno:

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I'm guessing it would take a long time to squeeze $100k out of him.

Two problems I see are that:

1) She may be able to convince a judge/jury (or just the defendant's lawyer) that she was too drunk to sign a legally binding document and the tattoo artists knew, or should have known that. As a tattoo artists he has a higher duty of care (your buddies might not get in trouble for letting you drunkenly walk on a 5th-floor balcony like a tightrope, but a police officer would be in a heap of sh*t for allowing that same conduct)

2) She may be able to convince a judge/jury that no reasonable person would interpret "artist's discretion" as allowing a turd tattoo in place of a narnia tattoo. Therefore "Artist's Discretion" on the consent form should not protect him in a tort action.

It's not an assault becuase she consented to the touching. But it's an actionable tort. Much like if a doctor put you under to perform surgery on your foot and you wake up and it's been amputated. Not criminal, but definitely actionable dependingon the terms of the consent form. (Did the consent form state that amputation is a possible outcome?)

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